• Criminal case against my wife and final disposal is pending in HC

Hello,

There was a fake criminal case filed against my wife back in 2017 July basis on which chargesheet was filed by police and in which my wife was made guilty. We moved to HC and now final disposal is pending on 7th May 2018. I would like to ask if everything goes fine on that day, can my wife come of this case the same day if counter affidavit and rejoinder affidavit are all in my wife favour? 

Also there is a another problem, other party keep framing allegation on HC judges through CJI which made judges to release the case from their court and asked us to present in front of other courts. This has happened 4 times already. Can this happen this time also? Can we complain about these allegation to CJI as well because my wife's brothers are also made accused under rape and POSCO and this has been happening with them as well and due to which they keep moving from one court to another. Only my wife final disposal order came out, and other people are still struggling for stay.

Please can you advise the way out
Asked 4 years ago in Criminal Law
Religion: Hindu

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8 Answers

1)if case is for arguments then court can after hearing parties pass final order in your wife favour

2)if wife brothers are made accused in rape case they have to prove their innocence during trial

3) HC would be reluctant to quash rape case

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello sir , if the high court has removed her name from the FIR , then there can be no further proceedings against her ... Impeaching judiciary and judges without any grounds will not lead to any help to the complainant ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If the high court sets aside the judgment of the lower court, then she can be acquitted and can be let out on the same moment.

If there are allegations against the judges then it is the problem of the court to solve them and not yours.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If the high court quashes the charge against you wife she will.come out of the case the case and prosecution drawn from the root of the case can be ended in case the charges are dropped by the high court.

On the brothers there are serious charges and high court won't quash it so they have to face.trial and for coming out they need to come out clean I'm trial if acquitted than only there is.chance is the case is proved false or no evidence against.same

If the CJ of high court is transferring matter on some allegation you can make.a written request before CJ and pray that these allegation are false and thus the respondent (original.complainat ) is abusing process of law and harresing accused

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

HC woukd be reluctant to quash rape case against other accused considering allegations made by daughter

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

See the trial has to be complete in case of POSCO and it is serious charge and the victim minor child has recorded her statement in rare case high court will only quash otherwise only way out is acquittal from the trial court. For police if they are on bail directions can be taken from high court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If ther is no relief in sight in the high court in quashing case, then you have no option than to fight out the cse in trial court.

What is a rape case and POCSO case against your wife, you have mentioned that there are fake cases filed agaisnt your wife?

You can obtain AB if the police are keen to make arrests.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello,

In that case you also move an application before the CJI thereupon asking him not to entertain such frivolous complaint being filed before him by the other party.

Bring into his notice that already 4 times judges have recused from the matter.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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